Division 2.—Proceedings in Arbitration before Judge.
Fixing day and place for arbitration. Eng. r. 13.
(1) On the filing of a request for arbitration, the Registrar shall transmit a copy of the request and particulars to the Judge, who shall as soon as conveniently may be appoint the place of hearing and the day and hour for proceeding with the arbitration.
(2) The day shall be so fixed as to allow the copies and the request and particulars to be served on the respondents at least twenty clear days before the day so fixed.
Notice to parties. Eng. r. 14.
(1) On the day for proceeding with an arbitration being fixed, the Registrar shall give or send by post notice in writing to the applicant stating the place at which and the day and hour when the arbitration will be proceeded with, and shall issue the copies and the request and particulars for service on the respondents, together with notices stating the place at which and the day and hour on and at which the arbitration will be proceeded with, and that if the respondents do not attend in person or by their solicitors such order will be made and proceedings taken as the judge thinks just and expedient.
(2) Where the request is filed by an employer, the notice to be served on the respondents shall be modified by the omission of the words therein relating to denial or admission of liability or compensation.
Service on respondents. Eng. r. 15.
(1) The copies and notices mentioned in the last preceding regulation shall be served on the respondents at least twenty clear days before the day fixed for proceeding with the arbitration.
(2) The copies and notices mentioned in the last preceding Regulation may be served—
(a) by a bailiff of a court; or, at the request of the applicant or his solicitor,
(b) by the applicant, or some clerk or servant in his permanent and exclusive employ; or
(c) by the applicant’s solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them, or some person employed by either of them to serve such copies and notices.
(3) Service may be effected by delivering the copy and notice to the person on whom it is to be served, or by sending it by post in a registered letter addressed to him at his residence or place of business in accordance with the provisions of sub-actions (3) (4) and (5) of section 6 of the Act.
Where service effected otherwise than by bailiff.
(4) Where service is effected otherwise than by a bailiff, a copy of the document served with the date and mode of service indorsed thereon shall, within three clear days next after the date of service, or such further time as may be allowed by the Registrar of the court issuing such document, be delivered or transmitted to the Registrar by the applicant. The applicant shall also (unless the respondent files an answer) after the time limited for filing an answer, deliver or transmit to the Registrar an affidavit of the service of such according to Form 10 in the Schedule with such variations alterations and additions as the circumstances of the case require.
Division Div 2 - Seamen's Compensation Regulations 1918 - Proceedings in Arbitration before Judge. | Zoe
Service by post.
(5) Where a document is served by post it shall, unless the contrary be proved, be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post, and in proving the service of the document it shall be sufficient to prove that the same was properly addressed and registered.
(6) Subject to the provisions of section 6 of the Act as to the service of the notice of accident and the claim for compensation, any document, notice, or proceeding to be served on the owners or charterers of a ship shall be deemed to be sufficiently served if served on the managing owner or charterer or the manager for the time being of the ship, or (except where the master is claiming compensation) on the master of the ship.
Stay of proceedings.
Where several requests for arbitration are filed by different applicants against the same respondent in the same court in respect of matters arising out of the same circumstances, the respondent may, on filing an undertaking to be bound, so far as his liability to pay compensation is concerned, by the award in such one of the arbitrations as may be selected by the judge, apply to the judge under the Rules of the County Court relating to a stay of proceedings for an order to stay proceedings in the arbitration other than the one so selected until an award is made in the selected arbitration; and the Rules relating to a stay of proceedings shall, with the necessary modifications, apply accordingly.
Answer by respondent. Eng. r. 17.
(1) If any respondent desires to disclaim any interest in the subject-matter of an arbitration, or considers that the applicant’s particulars are in any respect inaccurate or incomplete, or desires to bring any fact or document to the notice of the judge, or intends to rely on the fact that notice of the accident, or of death, disablement, or suspension, was not given as required by the Act, or that the claim for compensation was not made within the time limited by the Act, or intends to deny (wholly or partially) his liability to pay compensation under the Act, he shall, ten clear days at least before the day fixed for proceeding with the arbitration, file with the Registrar an answer, stating his name and address, and the name and address of his solicitor (if any), and stating that he disclaims any interest in the subject-matter of the arbitration, or stating in what respect the applicant’s particulars are inaccurate or incomplete, or stating concisely any fact or document which he desires to bring to the notice of the judge, or on which he intends to rely, or the grounds on and extent to which he denies liability.
(2) The respondent shall with the answer file copies thereof for the applicant and the judge, and one copy for each of the other respondents and the Registrar shall within twenty-four hours after receiving the copies transmit the same by post to the applicant and the other respondents respectively, and may post or deliver a copy to the judge.
(3) Subject to any answer so filed the applicant’s particular and, in the case of a claim for compensation, the liability to pay compensation under the Act, shall be taken to be admitted:
Provided that in case of non-compliance with this regulation, and of the applicant not consenting at the arbitration to permit a respondent to avail himself of any matter of which he should, pursuant to this regulation have given notice by filing an answer, the judge may on such terms as he thinks fit, either proceed with the arbitration and allow the respondent to avail himself of such matter, or adjourn the arbitration to enable the respondent to file such answer.
(4) The provisions of this regulation shall, with the necessary modifications, apply to a case in which a request for arbitration is filed by an employer; but a respondent who fails to file an answer shall not be taken to admit the truth of any statement in the applicant's particulars in which he denies, wholly or partially, his liability to pay compensation.
Submission to award or payment into court by respondent. Eng. r. 18.
20. (1) Where a respondent from whom compensation is claimed admits liability he may at any time before the day fixed for proceeding with the arbitration—
(a) where the application is made by an injured seaman—file with the Registrar a notice that the respondent submits to an award for the payment of a weekly sum, to be specified in the notice; or
(b) where the application is made on behalf of the dependants of the deceased seaman, or for the settlement of the sum payable in respect of medical attendance on and the burial of a deceased seaman who leaves no dependants—pay into the County Court in the place in which proceedings have been commenced such sum of money as the respondent considers sufficient to cover his liability in the circumstances of the case.
(2) The Registrar shall within twenty-four hours from the time of any notice filed or payment made, pursuant to the last preceding sub-regulation, send notice thereof (with, where notice is filed, a copy of the notice) to the applicant and to the other respondents (if any).
Acceptance of weekly payment offered.
(3) If the applicant is a seaman, and elects to accept in satisfaction of his claim the weekly payment specified in the respondent’s notice, he shall send to the Registrar and to the respondent by post, or leave at the Registrar’s office and at the residence or place of business of the respondent, a written notice according to Form 15 in the Schedule stating such acceptance, within such reasonable time before the day fixed for proceeding with the arbitration as the time of filing of notice of submission by the respondent has permitted.
Acceptance of sum paid into court.
(4) If the application for arbitration is made on behalf of the dependants of the deceased seaman, or for the settlement of the sum payable in respect of medical attendance and burial as foresaid, and the applicant is willing to accept the sum paid into court in satisfaction of the compensation payable to the dependants, or in respect of such medical attendance and burial the case may be) he shall send to the Registrar and to the respondent by post, or leave at the Registrar’s office and at the residence or place of business of the respondent, a written notice of such willingness, according to Form 15 in the Schedule within such reasonable time before the day fixed for proceeding with the arbitration as the time of payment into court by the respondent has permitted.
If there be any other respondents, the applicant shall in like manner give notice of such willingness to such respondents; and if any of such respondents are willing to accept the sum paid into court in satisfaction of the compensation as aforesaid they shall in like manner give notice of their willingness to the registrar and to the applicant and other respondents.
Procedure if weekly payment offered or sum paid in is accepted.
(5) If the applicant is a seaman and elects to accept in satisfaction of his claim the weekly payment submitted to by the respondent, or if in any other case the applicant and all the respondents give notice of their willingness to accept the sum paid into court, the following provisions shall apply:—
(a) Where the respondent submits to an award for the payment of a weekly sum, the judge may, on an application made to him forthwith, make an award directing payment of the weekly sum accordingly.
(b) Where the respondent has paid money into court, further proceedings against such respondent shall be stayed, except as hereinafter mentioned; and
(i) if the applicant and the other respondents agree as to the apportionment and application of the sum, the judge may on application made to him on behalf of or with the consent of all such parties, forthwith make an award for the apportionment and application;
(ii) in any other case the arbitration may proceed as between the applicant and the other respondents.
Costs payable by respondent.
(c) The judge may, in his discretion, by his award order the respondent filing notice of submission to an award or paying money into court to pay such costs as the applicant and the other respondents, or any of them, may have properly incurred before the receipt of notice of submission to an award or payment into court, and his or their costs properly incurred in relation to notice of submission to an award or payment into court and of the notice of acceptance, including, if the judge on consideration of the facts of the case shall so order, any items which might have been allowed by order of the judge at the hearing of the arbitration.
(d) If the applicant or any respondent intends to apply for costs, he shall give notice of his intention in his notice of acceptance according to Form 15 in the Schedule; or where the time of filing notice of submission to an award or the time of payment into court by a respondent does not permit of notice on acceptance being given, the applicant or any respondent may apply for costs without giving notice.
Acceptance at any time before arbitration opened.
(6) Where any party has not given notice of acceptance in accordance with this regulation, he may nevertheless accept the weekly payments which the respondent has submitted to pay, or the sum paid into court, at any time before the arbitration is called on and opened subject to the payment of any costs which may have been reasonably incurred by the respondent since the date of filing notice of submission or the date of payment into court, and which may be allowed by the judge, and the judge may order any costs so allowed to be paid by the parties so accepting, and may order the costs to be set off against any costs payable to such party, or to be deducted from any weekly payments or compensation awarded to such party.
Procedure and costs if weekly sum offered or sum paid in is not accepted.
(7) In default of notice of acceptance by the applicant and all the respondents, the arbitration may proceed, but if no greater weekly payments or compensation is awarded than that which the respondent has submitted to pay or has paid into court, the respondent shall not be liable to pay any further costs than such as he might have been ordered to pay if the weekly payment offered or sum paid into court had been accepted, and the judge may order any costs incurred by the respondent after notice of submission to an award or payment into court to be paid by any party who has not given notice of acceptance of such weekly payment or sum, and may order the costs to be set off against any costs payable to such party, or to be deducted from any weekly payment or compensation awarded to such party. The judge may also order any costs incurred after notice of payment into court by any party who has given notice of acceptance to be paid by any other party who has not given such notice, and to be deducted from any compensation awarded to the last-mentioned party.
Submission to award or payment into court where employer admits liability
(8) The provisions of this regulation shall, with the necessary modifications, apply to a case in which an employer who has filed a request for arbitration admits liability to pay compensation.
Payment into court in case of injury to seaman.
(9) Where in the case of an injured seaman an employer admits liability, he may, at any time before the time fixed for proceeding with the arbitration, instead of filing a notice that he submits to an award for the payment of a weekly sum, file a notice that he submits to an award for the payment of a lump sum to be specified in the notice which he considers to be sufficient to cover his liability in the circumstances of the case, and may thereupon pay the sum into the County Court in which proceedings have been commenced, and the provisions of this regulation shall, with the necessary modifications, apply to a case in which an employer files a notice and pays money into court under this sub-regulation.
Submission to award or payment into court with denial of liability.
(10) An employer who denies liability may file a notice of submission to an award or pay money into court in accordance with this regulation, accompanied by a notice stating his name and address, and further stating that, notwithstanding such submission or payment, he denies his liability, together with as many copies of the notice as there are parties to whom notice of the submission or payment is to be sent, and the provisions of this regulation shall, with the necessary modification, apply to a case in which an employer files a notice of submission to an award or pays money into court under this sub-regulation, and a copy of the notice denying liability shall be sent by the Registrar to every person to whom notice of submission to an award or payment into court has to be sent.
Notice of claim to indemnity under section 7. Eng. r. 19.
Where a respondent claims to be entitled under section 7 of the Act to indemnity against any person not a party to the arbitration, he shall ten clear days at least before the day fixed for proceeding with the arbitration, file with the Registrar a notice of his claim and serve a copy of the same, together with a copy of the applicant's request and particulars and of the notices served on the respondent under regulations 16 and 17, upon the person against whom such claim is made.
Appearance by third party. Eng. r. 20.
If any person served with a notice under the last preceding regulation (hereinafter called the “Third Party”) desires to dispute the applicant's claim in the arbitration as against the respondent on whose behalf the notice has been given, or his own liability to such respondent, he must appear before the judge on the day fixed for proceeding with the arbitration, or on any day to which he may have received notice from the Registrar that the arbitration has been adjourned or postponed, and in default of his so doing he shall be deemed to admit the validity of any award made against such respondent as to any matter which the judge has jurisdiction to decide in the arbitration as between the applicant and the respondent, whether the award is made by consent or otherwise, and his own liability to indemnify the respondent to the extent claimed in the notice served on him by the respondent:
Provided that if it appears to the judge before or at the arbitration that the notice of claim has not been served on the third party in time to enable him to appear on the day hereinbefore mentioned, or that for any other sufficient cause the third party is unable to appear on that day, the judge may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as are just.
Proceedings in default of appearance by third party. Eng. r. 21.
If the third party fails to appear on the day mentioned in the last preceding regulation, or, if the proceedings are adjourned under that regulation, on the day to which the proceedings are adjourned, then if the arbitration results in an award in favour of the applicant, or the arbitration is finally decided in favour of the applicant otherwise than by an award, the judge may on the application of the respondent make such award as the nature of the case may require in favour of the respondent against the third party; but execution thereon shall not issue without leave of the judge until after satisfaction by the respondent of the award or the amount recovered against him:
Provided that the judge may set aside or vary any award made by him against the third party under this regulation upon such terms as are just.
Application for direction may be given. Eng. r. 22.
The third party or the respondent may apply before or at the arbitration to the judge for directions: and the judge upon the hearing of the application may, if satisfied that there is a question proper to be determined as to the liability of the third party to make the indemnity claimed, in whole or in part, order the question of such liability as between the third party and the respondent giving the notice to be determined at or after the arbitration; and if not so satisfied may make such award as the nature of the case requires in favour of the respondent giving the notice against the third party: or the judge may, if it appears desirable so to do, give the third party leave to resist the claim of the applicant against the respondent upon such terms as are just, or to appear at the arbitration and take such part therein as is just, and generally may give such directions as he thinks proper for having the question most conveniently determined, and as to the mode or extent in or to which the third party shall be bound or made liable by the award in the arbitration.
Costs. Eng. r. 23.
The judge may decide all questions of costs as between a third party and the other parties to the arbitration, and may order any one or more to pay the costs of any other or others, or give such direction as to costs as the justice of the case requires.
Notice of claim to indemnity under section 10 or otherwise than under section 7. Eng. r. 24.
(1) Where the respondent claims that if compensation is recovered against him he will be entitled under section 10 of the Act, or otherwise than under section 7 to indemnity against any person not a party to the arbitration, he shall file and serve a notice of his claim in accordance with regulation 21.
If person served makes default he is to be deemed to admit validity of award against respondent.
(2) If any person served with a notice under the last preceding sub-regulation (hereinafter called the “Third Party”) desires to dispute the applicant's claim in the arbitration as against the respondent on whose behalf the notice has been given, he must appear before the judge on the day fixed for proceeding with the arbitration, or on any day to which he may have received notice from the Registrar that the arbitration has been adjourned or postponed; and in default of his so doing he shall be deemed to admit the validity of any award made against such respondent as to any matter which the arbitrator has jurisdiction to decide in the arbitration as between the applicant and the respondent, whether the award is made by consent or otherwise:
Where notice not served in due time.
Provided that if it appears to the judge before or at the arbitration that the notice of claim has not been served on the third party in time to enable him to appear on the day hereinbefore mentioned, or that for any other sufficient cause the third party is unable to appear on such day, the judge may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as are just.
Application to judge for directions as to conduct of arbitration.
(3) The third party or the respondent may apply before or at the arbitration to the judge for directions, and the judge upon the hearing of the application, may, if it appears desirable so to do, give the third party leave to resist the claim of the applicant against the respondent upon such terms as are just, or to appear at the arbitration and take such part therein as is just, and generally may give such directions as he thinks proper.
Costs.
(4) If the third party obtains leave to resist the claim of the applicant against the respondent, the provisions of regulation 25 as to costs shall apply.
Judge how far empowered to decide questions as to liability of third party.
(5) Nothing in this regulation shall empower the judge to decide (otherwise than by consent) any question as to the liability of the third party to indemnify the respondent, or to make any award in favour of the respondent against the third party, or to make any further or other order than that the third party shall not be entitled in any future proceedings between the respondent and such third party to dispute the validity of the award as to any matter which the judge has jurisdiction to decide in the arbitration as between the applicant and the respondent:
Provided that with the consent of the respondent and the third party—
(a) if the arbitration results in an award in favour of the applicant, or is finally decided in favour of the applicant otherwise than by an award, and the third party admits his liability to indemnify the respondent, the judge may, on application made to him at or after the hearing of the arbitration or the final decision thereof, make such award as the nature of the case requires in favour of the respondent against the third party; but execution thereon shall not issue without leave of the judge until after satisfaction by the respondent of the award against him or the amount recovered against him; or
(b) the judge may, on an application for directions, order any question, as to the liability of the third party to make the indemnity claimed, to be settled, a between the respondent and the third party by arbitration after the arbitration between the applicant and the respondent, and may on the subsequent arbitration make such award as the nature of the case requires in favour of either party against the other.
(c) the judge may decide all questions of costs as between the respondent and the third party and may order either of the parties to pay the costs of the other (including any costs payable by such party to any other party to the arbitration) or give such directions as to such costs as the justice of the case requires.
Third party procedure where employer is applicant. Eng. r. 25.
The provisions of regulations 22 to 26 shall, with the necessary modifications, apply to a case in which an employer who has filed a request for arbitration claims to be entitled to indemnity against any person not a party to the arbitration.
Claim to indemnity as between respondents. Eng. r. 26.
(1) Where a respondent claims to be entitled to indemnity against any other respondent, a like notice shall be issued and the like procedure shall thereupon be adopted for the determination of questions between the respondents as might be issued and adopted against such other respondent if such last-mentioned respondent were a third party.
(2) Nothing herein contained shall prejudice the rights of the applicant against any respondent.
Abridgment of time for service, answer, &c. Eng. r. 26a.
The judge may, for good cause shown, enlarge or abridge the time fixed by these regulations for service of a request for arbitration on any respondent, or the time for filing an answer, or serving a third party notice, or for taking any step, or filing any document, or giving any notice in any matter; and, if an order is made to that effect, a copy of the order shall be annexed to and served with the notice to be served on the respondent or applicant as the case may be.
Procedure on arbitration. Eng. r. 27.
(1) Subject to the special provisions of these Regulations, the procedure in an arbitration shall be the same as the procedure, including the power to grant adjournments, in an action commenced in the County Court by plaint and summons in the ordinary way, and shall be determined by the judge without a jury in so far as such procedure is applicable to proceedings by way of arbitration; and the statutory provisions and rules for the time being in force relating to actions shall, with the necessary modifications, apply to the arbitration accordingly; and in the application of such provisions and rules the applicant's request for arbitration shall be deemed to be a summons with particulars annexed, the day fixed for proceeding with the arbitration shall be deemed to be the return day, and the applicant and respondents shall be deemed to be plaintiff and defendants respectively:
Provided that the burden of proof of any facts which are not admitted shall be the same, whoever the party may be by whom the request for arbitration is filed.
Award.
(1) When the judge has drawn up, signed, and made his award, he shall cause it to be filed at the office of the Registrar, who shall prepare copies sufficient for service on all persons affected thereby, and forthwith send one copy of the same by post or otherwise to each of such persons.
(2) The judge shall have power at any time to correct any clerical mistake or error or any admitted error or mistake in the award arising from any accidental slip or omission.
(3) The award shall be enforceable in the same manner as a judgment or order of the court.